Animal’s Hump Day News

A federal judge found last week that New York’s 45-year old ban on a popular martial arts weapon is unconstitutional when squared against the right to bear arms.

Judge Pamela K. Chen found in favor of James M. Maloney in her 32-page ruling on Friday, arguing that the sale, use, and possession of nunchaku or chuka sticks — a simple weapon consisting of two sticks connected by a length of chain or rope — is protected by the Second Amendment. As such, New York’s ban on such weapons, enacted in 1974 after their popularity in martial arts films of the time, went too far and is an unconstitutional restriction.

Maloney, a college professor and an amateur martial artist, created his own martial arts style of which he is the sole practitioner. Key in his style is the use of nunchucks for self-defense, which are illegal to possess or sell in the Empire State. As he wants to both train his children in the art and possess the weapons in his home legally, he filed a lawsuit back in 2003 in an effort to overturn the law and, last Friday, the court sided with him.

As part of his case, witnesses for Maloney advised that at least 64,890 factory-produced metal and wood nunchakus were sold to individuals in the U.S. since 1995, that they are legal and in common use in 48 states — only New York and Massachusetts bans them — and some 5,000 martial arts schools train their users. The devices are even carried by police in California and Colorado.

Carried by police? Really?

Archery may be affected.

This case is interesting to me, at least, not because I give two hoots about nunchuks – I don’t – but because it expands the concept of “arms” beyond guns. By defining arms to include two sticks connected by a bit of cord or chain, they have made it more difficult for those who would restrict the Second.

We’re not just talking about guns anymore, folks. Take this decision to its logical conclusion, and you have to include archery tackle, all manner of martial arts gear, replica swords, all sorts of things. And all of those things have people who enjoy using them and don’t want them restricted.

And if you don’t think the government would restrict archery tackle, look at what’s happening in Britain right now with knives.